Tuesday, March 18, 2014

A PREEMPTIVE STRIKE

We thought what we were reading was an exposé of Fina’s shoddy, racist,
irresponsible investigative methods. We
were shocked later to realize that it was Attorney General Kathleen
Kane whose judgment was being questioned. We're still shocked, to be honest.

The entire case
hinged on the testimony of a swindler accused of stealing nearly a half-million
dollars from a state food program for low-income children and
seniors. In exchange for his cooperation, Tyron B. Ali wasn’t merely
offered a deal on the charges, but given a complete free pass – an agreement “so extraordinary and
lenient that it effectively undermined the CI's credibility and that of OAG for
having agreed to it,” Kane said.

The recordings
Ali made are the only evidence, and Ali
was the only one who could verify them. “No other supporting or corroborating
evidence exists,” Kane said

The OAG Agent who managed Ali told current senior OAG
executive staff that he was to focus only on members of the Black Caucus and not
to pursue potentially illegal acts by white legislators.

Ali himself gave “statements about limiting the focus of the
investigation to only members of the General Assembly's Black Caucus” to
federal law enforcement officials.

It's not illegal for officials simply to accept gifts. The operation failed to establish a clear quid-pro-quo. The only thing the officials appear to be guilty of is a failure to report the gifts on their ethics statements - an offense equal to Governor Tom Corbett's failure to report the purchase of a $265,000 vacation home in South Carolina - and no one seems to be clamoring for a criminal prosecution of Corbett.

It is inconceivable that Kane’s elected
predecessor would be second-guessed for dropping a prosecution given the compelling
reasons listed above. There is no doubt:
if reporters had asked Tom Corbett why he chose not to pursue a particular case
and he responded, as Kane did, that the case improperly focused on African
Americans and a county D.A. had called the case “unprosecutable,” the headline
on the story would’ve read, “Botched Sting Attempt Tainted By Racism.”

Probably not in two-foot-high font, though.

Since Kane’s exhaustively thorough press
conference yesterday, the punditocracy seems to be backing off its
initial pearl-clutching horror while still blaming Kane for her own
tar-and-feathering. After all, they sniffed, she should have explained
everything in more detail before the story was published. Perhaps she should
have. But perhaps she thought she would be afforded the same respect for her
office that Corbett had been. Perhaps she thought that her word that a case was
compromised beyond salvaging would be taken seriously. Furthermore, we don’t know
how much time she was given to respond, or how the allegations of political
cronyism were presented to her.

Corbett has not offered a single justification
for not prosecuting as cogent as Kane’s plethora of reasons in the Philadelphia
case. In fact, we can’t recall Corbett even being asked. But if he had given a
reason, we’re sure it would have been accepted at face value.

Perhaps most egregiously, Corbett “cleared” the
Senate Republican Caucus - whichawarded the
largest taxpayer-funded bonuses to staff who worked on campaigns – of wrongdoing
without subpoenaing a single witness to appear before the grand jury. Even a
Republican Senator called Corbett’s investigation “a joke” and said his lack of
action was politically
motivated. Corbett in fact blew off an intern who tried to report illegal
campaigning in Sen. Jane Orie’s office, then his spokesman tried
to lie about it.

The idea that Kane would risk the integrity of
her office to protect relatively low-level Philadelphia lawmakers is frankly
absurd, even if she does have gubernatorial aspirations. Even the craven manipulators
who leaked the story to the Inquirer know what an absurd notion it is. Kathleen
Kane is arguably the most popular Democrat in Pennsylvania, winning more votes
in 2012 than even President Obama and Senator Casey. She’s about to release a
report on how her predecessor botched the Jerry Sandusky child molestation
investigation. Even someone naïve enough to believe Kane’s beholden to
Philadelphia House members and Traffic Court judges has to be savvy enough to figure out
what ‘s going on here.

Signor Ferrari,And they call politics "The Blood Sport." Looks like Kane's review of the Corbett/Ryan/Kelly investigation of Sandusky has hit pay dirt. Fina will be exposed as a successful prosecutor who abused the law and manipulated judges in order to win convictions..

Signor, as always, you are right, the public does not understand the seriousness of this case. Kane has uncovered Fina's MO. At some point, a review of all convictions prosecuted by Fina must be reviewed.

Frank Fina was hired an used the Oldest Trick in the prosecutors' book.

1. Misused the Investigators and the Grand Jurors and carefully select certain targets and threaten them, tell them their children will be wards of the state, and then have them lie under oath so they can keep their jobs and freedom.

2. After selecting certain Political Leadership then publicly charge a person with nefarious wrong-doing while knowing that any chance to convict is slim to nonexistent.

3. Make sure certain chosen Media are given illegal Grand Juror leaks and pretend you will investigate that within your own Staffs and Office.

4. Let the media feed the public curiosity and make public pronouncements of guilt.

5. Outgoing AG destroys all Emails and other Documentations so it cannot be reviewed and shared with future Defense Counsel, outright lying it saves money.

6. Then drop the case as unwinnable because of a "technicality," and blame it on a New Attorney General.

It's almost as though it had been orchestrated, and the defendants remain guilty in the eyes of the public.

Its a play on the theme Arrest them, Convict them, then Figure out the charges and blame the New AG for not prosecuting.

Elliott Spitzer made a political career of the tactic essentially free advertising.

Tom Corbett did it throughout his AG Career and Frank Fina, Blessington, Costanzo, and Ryan and their Staffers need to be Federally Investigated and offer Immunity to the first one to save their Pensions, and watch the bushes shake as the snakes turn and hiss on one another.

And I agree that AG Kane seems to have had valid reasons for teminating the dormant investigation. Frankly, my first reaction was that AG Kane was a politician not a prosecutor. Happily on reflection it appears I was wrong and my vote for AG Kane was a correct one.

Brad Bumsted,also, wrote a good piece validating Kane. But no one does it like CasablancaPA.

When I am Governor, I plan to look into commuting Mike Veon's sentence. It appears disproportionate to what others received.

Philadelphia District Attorney Seth Williams better do what Graham Spanier and Joe Paterno did not do with Jerry Sandusky in 1998 and then 2001 and Nixon in 1972.

Make an announcement that he asked them all to resign or be fired because his District Attorney’s Office cannot embrace such behavior regardless of guilt, innocence, negligence or mistakes in judgment and untraceable leaks and thus cannot be associated with even the Appearance of Impropriety when administering Justice for all Citizens.

If Fina, Blessington and others want to file lawsuits to win their jobs back or seek a settlement severance so be it, but for them to continue as Prosecutors is untenderable now.

If Timothy Mark Curley, Gary Schultz, Joe Paterno and Graham Spanier had made such announcement and took such action on Jerry Sandusky when he was first investigated, they would have been heroes today.

In the end, regardless of guilt or innocent or blame by mistakes, it standing by employees that had their own mistakes and crimes they made regardless of well intentions.

Seth Williams has a call to be made, either cut them loose now or become part of a potential future investigation that will bring shame and Suspicion on Seth Williams himself?

There is only one call to make now, Fina and Others will be resigning soon or be fired, and anything else will be a Seth Williams mistake in judgment right now!

Watergate and Spintzergate, Sanduskygate proved that and now Corbettgate or Williamsgate will do it again.

Fina was unlawfully wiretapping allot of ppl without permission ... I wonder if Judge Feudale his lackie knew he went rouge ... Fina better start worrying about getting his own target letter. I hope whomever prosecutes Fina bullies him like he bullied ppl in the bonus gate case.

bobguzzardi said...When I am Governor, I plan to look into commuting Mike Veon's sentence. It appears disproportionate to what others received.March 19, 2014 at 5:11 PM

What is needed is an Investigative Blue Ribbon Committee with full Arrests and Immunity Powers to unmask the societal justice damage done by Corbett and Prosecutors like Frank Fina, Blessington, Costanzo and Ryan.

Pardons should be given out and convictions thrown out and the Prosecutors go to jail for Prosecutorial Misconduct!

"We think e-mails where people often write candid things, they write offhand comments, they write masked comments and metaphors, may prove very worthwhile to us to review," Fina told the judge, according to the transcript.

Yet, Acting Attorney General Ryan destroyed all Attorney general Emails to save money????

What was Ryan hiding if DAG Fina thinks Critical Emails can be proven worthwhile????

Why wasn't The second Mile Emails seized and investigated by Frank Fina????

They're truly terrified because corrupt SWIGJ Judge Barry Feudale's fate is blaring its trumpets to the tune of the Battle Hymn of the Republic... She is trampling out the vintage where the Emails grapes of wrath are stored, She hath loosed her fateful lightning of Her terrible swift sword, Her truth in the Hard Drives is marching on....!

See the following article as to why they are so scared of Kane and her Special Prosecutor, Geoffrey Moulton, and keep in mind that this article was published long before we learned last week that Kathleen Kane impounded and took all the hard-drives at OAG within hours of her taking office:

In any event, there was a tremendous amount of New Information and News contained in the unsealing of the documents including tremendous amounts of information that demonstrate the massive Hypocrisy of Fina, Judge Feudale, the OAG, the former AG turned Governor Corbett, Kelly and Ryan.

These Public Serpents no more believe in the Constitutional concepts of "blind justice" (i.e., We Are All Equal Under The Law), Truth, Justice, Fairness And Due Process Then They Believe They Are "Public Servants" And Accountable To "The People" Via The "Public Trust" And Their Moral & Ethical Obligations To Their Fellow Man (I.E., "Fiduciary Trust").

These morally corrupt hypocrites view themselves as privileged "Emperors" and "Caesars" of their fiefdoms, not as "public servants" accountable to the public for their corruption as the State and Federal Constitutions envisioned!!!

What I cannot understand is that Graham Spanier was a very close friend of Sandusky's and huge supporters of The Second Mile?

Including Penn State actually making financial contributions to The Second Mile, entering arrangements which allowed the charity to use University facilities and resources at little or no expense.

Yet, Corbett’s Himmler Frank Fina and his sole State Trooper and Child’s Predator Unit never did an investigation of The Second Mile?

Apparently, the hierarchy of Penn State University Department of Human Development, (HDFS Department) , and Family Studies the actual now Indicted Graham Spanier's former Department when he was a professor at Penn State University in early 1970's.

This entire Department was also very close with Sandusky and the charity he founded, The Second Mile, - probably partially to ingratiate themselves with Provost Erickson & President Spanier - so close that Sandusky was asked to be the Commencement Speaker for the College?

Sandusky was given an honorary degree from the Department which enabled his Emeritus Status and President Spanier approved it so Gerry Sandusky could be given recognition by a Department as holding "Professor" Status To Receive The Emeritus Status, how did Frank Fina not investigate this at all?

Again, Professor Emeritus Sandusky via The Second Mile had an unnaturally close relationship with the Department of Human Development & the College where it is housed, many of the professors there, Spanier as a result of all this unnaturally close relationship between The University, The Children's Charity and the Charity's Founder & all powerful "Control Person" via "Founder Status" in charity's By-Laws that had to be licensed and regulated entity by Children Youth Services and Department Pubic Welfare al under the oversight the Pennsylvania Attorney General Office run by Corbett and duties Frank Fina was suppose to investigate?

Yet, The Second Mile was quickly disbanded records destroyed and operation sent to Texas and never investigated with a full accounting by Chief Deputy Frank Fina and no one has reported or asked why the very charity that was used to attract children to be abused and connected to Penn State wa allow to operate in criminality, non-compliance, and no oversight???

I just wonder what dirt on Feudale remains sealed in his Supreme Court dismissal hearing.

Why does it need to be sealed?

Why didn't Frank Fina look into Sandusky Emeritus status?

Sandusky's emeritus status was unusual in a couple of ways however.

1. Sandusky lacked the minimum academic rank to qualify, and the agreement was made between Curley and Sandusky. An emeritus professor usually is affiliated with a Department, not an Athletic Director. Was Curley even a professor?????

2. How many Ex-Football Coaches are given Emeritus Professor status? I've seen many named "Football coach emeritus" but not Emeritus Professor???

Sandusky may be the only Assistant Professor & Assistant Football Coach in American History.

It is highly questionable why Sandusky was as a Coach ever given Emeritus Professor status at Penn State and maybe in the whole country.

There is no question that Sandusky given Emeritus enabled him further to molest children after 1998 and led to 2001 Cover-Up.

The Penn State campus is a very open campus. A man who never worked at Penn State would be free to bring children on campus and use many of the athletic facilities or showers and everyone knew Sandusky by sight.

Why Frank Fina did not take action to stop Sandusky during the investigation and did not have the Attorney General Office of Consumers Affair notify The Second Mile Sandusky Charity smacks of pigue and shows he was not working hard on the Sandusky Molestations?

1. There was little financial relationship between Second Mile and PSU. I've examined the IRS 990 forms from 2003, 2005-2010 and PSU was not a big contributor. A few organizations at PSU donated less than $2,500. Spanier did not donate at all.

2. To the anonymous poster who posted the 7 statements that were lifted from the Freeh Report, I would suggest finding a reputable source. The Freeh Report has been completely discredited.

3. Sandusky's emeritus status is a red herring. The reason Sandusky was able to abuse children was his access to them at Second Mile. The fact he had access to PSU facilities was irrelevant. He was abusing kids all over the place, not just on PSU's campus.

4. Even though Second Mile is disbanding, it's IRS records are forever. That's enough to incriminate them.

Sprague has been hired by AG Kane for a Defamation Action that will put some people on the record.

The Second Mile is the Achilles Heel of Corbett's Minions of selective prosecutions and ignoring its use while waiting for the Sandusky Investigation and doing nothing to prevent its exposure and his predator abilities.

The Second Mile Map Link:http://deadspin.com/5858434/a-cartographic-illustration-of-how-pervasive-jerry-sanduskys-youth-charity-is-in-pennsylvania

Freeh can defend himself and his Report with the Criminal Trials, and Paterno's and a Judge or Jury will decide, if the cases are not dismissed.

Looks like not all the Emails have been destroyed just hidden and jumbled from easy Discovery.

Frank Fina cannot be pleased and neither is Former Acting AG Ryan and especially Tom Corbett.

"Adrian King, Kane's first deputy, said Fina's memo "appears to have been improperly taken from the office, and we only obtained a copy by searching a database of more than 20 million deleted emails that were recently recovered.

The memo was not in the official case file. The options discussed in the memo were never acted upon in 2012, which further supports our conclusion the case had been abandoned."

Since Frank Fina is an Attorney as he claims, he has an option for his complaints on AG Kane....why seek a Public Forum Debate.....Go File Disciplinary Charges before The Pennsylvania Disciplinary Board, since AG Kane is an Attorney too???

In that way, Public Opinion is not up for debate of what is right or wrong, it leaves the Disciplinary Board to decide based on all the EVIDENCE on what EVIDENCE has been hidden or destroyed and whether legal or illegal act sand ethics violations as Attorneys!

Philly Article: "In a separate op-ed submitted to The Inquirer for publication Sunday, Fina mocked Kane for her decision to request to meet with the editorial board of The Inquirer on Thursday, only to arrive and decline to address the board or answer any questions. She did so upon the advice of her newly hired lawyer, Richard A. Sprague, who accompanied her to the meeting.

"I have not retained an attorney to advise me to speak, or to remain silent," Fina wrote. "I am an attorney."

Fina called for a televised public forum at which he and Kane could debate the merits of the investigation, which Fina said had been conducted "honestly, ably, and with integrity."

Read more at http://www.philly.com/philly/news/politics/20140322_District_Attorney_Williams_blasts_attorney_general_in_sting_case.html#AjQ9DZdKzftTXpIv.99

Looks like Fina has destroyed Evidence before and the Courts have not stopped it to date, Prosecution Misconduct needs to be investigated.

elroy HirschMarch 22, 2014 at 2:51 PM"According to court Motions filed by Joshua Lock, attorney for Brett Feese, Fina defied a pre-trial Order from Judge Lewis to disclose all "Computergate" witness and proffer notes to the 10 defense attorneys.

Fina informed the group that OAG destroyed dozens of notes without recording the content or times of the sessions.

Feese was found guilty at trial. The state Superior Court denied Feese's appeal by ignoring the OAG Policy statement and US Supreme Court decisions prohibiting this action.

Fina and fellow prosecutors failed to comply with the OAG Policy of documenting witness and proffer notes in the investigation report, ROI.

Feese is in jail thanks to the actions of Fina and the Corbett/Ryan/Kelly OAG. The state Supreme Court now has the case. For the good of all citizens of PA, let's hope the court corrects this precedent setting ruling that allows prosecutors to destroy exculpatory evidence. Fina's failures are wide-spread, beyond the Sandusky debacle."

Fina and company also destroyed witness and proffer notes in the Steve Stetler case. Stetler went to jail and was recently released. His appeal is before the Superior Court. OAG is defending Fina's actions. Strange paradox.

Let's hope the Superior Court reverses the court's flawed Feese decision and applies the law to the facts in the Stetler case.

Inky Editor says that this story was not prompted by a leak but was the product of months of reporting. Coincidentally the cases against Tyron Ali are presently marked "Active" on the Common Pleas docket in Dauphin. There was no docket activity from October 2012 following a long series of continuances. Then on 9/13/13 there were a series of sealed docket entries ending most recently on March 24, 2014. Did the McCoy and Coulombis start looking into this in September 2013? Did they go to Fina for answers about activity in the Ali cases because they got no leaks from Kane's office? Or were Coulombis and McCoy privy to Fina's Abscam style sting from the beginning? Were they sitting on the story to prevent compromising it?

Philly "StingGate," here is another theory.Corbett indicted 10 Republicans in November 2009, known as the "Computergate case." Corbett took Sean Ramaley (D) to trial in December 2010 in the first "Bonusgate" trial. Ramaley was acquitted by the jury and Corbett went crazy. Fina called in all hands to select jury pools and prepare for the Democrat and Republican trials. Sandusky was put on the back burner.The 2010 Philly Sting was set up by Corbett and Fina to retaliate against Philadelphia Legislators, who worked against Corbett, in case Corbett lost the Gubernatorial election. The Philadelphia turnout could have played a major role in Corbett's defeat. Fina had no manpower to properly control StingGate so it became unusable. The manpower after Corbett was elected was shifted to Sandusky. StingGate was not implimented by Corbett, Ryan or Kelly. Corbett's MO is retaliation. Makes sense to me.

Why would the Inky’s Corbett-friendly sources malign a conservative Dem from Falls? Galloway figures it stems from an opinion piece he wrote for this newspaper questioning why then-AG Corbett seemed to target only Democrats in Harrisburg’s infamous 2007 “Bonusgate” corruption scandal. Galloway said Corbett was livid and made a public scene when he confronted the Levittown lawmaker after a House Appropriations Committee meeting.

“He started to explode,” Galloway said. “He was this close to my face. ‘What do you know? I’m gonna send agents.’ I said I don’t know anything, I just have an opinion in my local paper.”

Later that day, Galloway said two agents came to his Harrisburg office.

“One sits here like this, focuses right on me, and he’s asking me ‘What do you know? Where did you come from? Why did you say what you said?’ Another guy starts walking around, looking at my family pictures. ‘Is this your daughter? Is this your wife? What does she do for a living?’ Picks up papers, intimidating like you wouldn’t believe. The idea was to scare the living (expletive) out of anybody who questioned Tom Corbett. That’s how things work out there.

"There's a nuclear war going on between Corbett and Kane," Galloway said.

The story about Kane ending the corruption investigation was leaked to blunt Kane's impending report on how Corbett handled (or mishandled) the investigation of the Penn State football scandal that landed then assistant coach Jerry Sandusky in prison on child sexual abuse charges.

"Kane is about to release an explosive document about the Sandusky investigation six months before a gubernatorial election. The lead prosecutor in that investigation is also the lead prosecutor in the sting investigation," Galloway said. "So, the idea is to discredit Kathleen Kane before the Sandusky thing hits."

The freech report corrected many PS violations such as not having an athletic integrity agreement, code of conduct for athletes, crime reporting by department of education and Title 9, and ncaa violations on insitutional control and violations of fed and state laws.

The proof is in the adoption and implementation of many new policies and procedures for athletes, students, and employees all recommeneded by freeh report.

This proves PS was not doing everything right and had to make sure the university complied with all laws, regulations, and rules and freeh was not refuted on these points by anyone including you.

Even the Paterno report and sue paterno agreed mistakes were made and agreed with freeh that sandusky was pedophile and used PS and TSM to bring victims to him for abuse.

Now the Paterno report did say, no one knew and I can accept that until the trials are over, but that ios in dispute by some now.

Due to freeh, PS with these new policies are living up to these changes and one can see it in the dismissal of the fencing coach and rugby club suspension pending further review by student conduct procedures.

These freeh report changes were implemented to make sure another sandusky would no happen again and proved PS was not following federal and state laws, ncaa conference, and educations department laws and rules.

So, the freeh report has not been totally discredited as you posted.

If it was, then none of these changes were required and that is not truthful by you.

I do thank you for your time and devotion on other aspects showing the flaws and falsehoods in Corbett and Fina faulty due process violations prosecutions and keep it up.

Yet Kane rightfully points out he is free to prosecute it in his jurisdiction.

Funny how he never responds to that challenge and just keeps attacking Kane, what a man with no balls and he sounds like an emotional woman except woman are even less emotional compared to him.

The emails will make it difficult for Corbett to deny culpability when the elections roll around.

Potentially, there is something worse behind that door in that some of at OAG knew much more than just Jerry Sandusky and selected Legislators NOT Senators, was indicted but had information about the issues going back many years and feared others finding out for election purposes.

I have long held that members of The Second Mile, Penn State Leadership including Paterno and Trustees as well as Corbett, knew about the Sandusky's problems with under-age boys.

There are too many examples where the rumors about Sandusky were pretty public around the State College community for them not to know?

When one adds in the destroyed Emails by "ACTING AG" Ryan, Judge Feudale appointing James Reeder, a former deputy attorney general prosecutor to investigate PAOAG Grand Jury Leaks, and now misplaced Fina Memo's in PAOAG Files, and secret sealed dismissal of Judge Feudal Grand Jury oversight, it is easy to see the former people at PAOAG are covering up something and want to blame others now.

These are the most powerful and most connected people in the commonwealth and political, judicial, justice, and business community.

Of coarse they were well aware of the Sandusky rumors ... and probably much more information than just the rumors, and their behavior is not odd, but in totality looks guilty and why no federal Special Investigators has been appointed is not just as strange, but looks manipulated?

This is why I feel the posts here are far more worthy of serious consideration and spot on with more truth than fables.

If properly investigated bringing many to a Federal Grand Jury especially Fina and Corbett's entire PAOAG Staff, it be more outrageous than anyone can think of and would undermine our entire justice system.

Only Media Headlines demanding more investigations can bring out the entire truth, that their own actions were based on protecting their only themselves.

They did not want any of the Sandusky and Bonus gate fallout coming back to their front door, and to protect themselves.

Somebody left a file like a bag of poop on fire at their front door, and Corbett, Williams, Fina and former PAOAG Staffers have come out and stomped on it and now found out they have crap on their gumshoes tracing back to them, as they try to walk away to remove the smell they are trailing everywhere!

It's seems like Seth, Frank, Tom and the R's want the newspapers to target Kane because they don't like the fact that she has already arrested more child predators then Corbett did in his entire tenure as AG ... the power players (R's, BOT, PSU and Hershey School types) in this state don't want child predators arrested because they and their friends will eventually get caught and exposed! Attack Kane because she is focused on going after these child molesters and disgusting animals.

Why would Frank Fina want a Public debate as opposed to a Federal Special Independent Prosecutor that will put them subpoena to attend and Testify, under oath, grand jury, with arrests and immunity powers!

This the better way to uncover what happen or approve of what Corbett and Frank Fina did and the former investigators and prosecutors.

Why be afraid of a review of their actions?

It can also identify the Investigators that used intimidation tactics to foster false testimony such as what happen below:

"""Later that day, Galloway said two agents came to his Harrisburg office. “One sits here like this, focuses right on me, and he’s asking me ‘What do you know? Where did you come from? Why did you say what you said?’ Another guy starts walking around, looking at my family pictures. ‘Is this your daughter? Is this your wife? What does she do for a living?’ Picks up papers, intimidating like you wouldn’t believe. The idea was to scare the living (expletive) out of anybody who questioned Tom Corbett. That’s how things work out there."""

Actually Seth Williams has replied to the challenge for him to exercise his concurrent jurisdiction. On March 17, 2014 McCoy and Couloumbis quoted Williams as saying he would not likely take the case because he couldn't win. Why? Because Ali's testimony couldn't be used "under any prosecutorial theory I can think of."